RIASAT ALI vs State S — 2024 SCMR 1224 SUPREME-COURT

Case information

Citation: 2024 SCMR 1224 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: RIASAT ALI vs State S
Subject matter: Criminal
Provisions referred to: S. 302

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

RIASAT ALI VS State S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd---Reappraisal of evidence---Alleged eye-witness to the occurrence not produced during trial---Adverse presumption---Prosecution had not produced witness "MN" at the trial who was allegedly accompanying other alleged witnesses and deceased at the time of occurrence---Under Article 129(g) of the Qanun-e-Shahadat, 1984 adverse inference was to be drawn to the effect that had he been produced by the prosecution at trial, he would not have supported the prosecution case---Prosecution had failed to prove the charge against the petitioner of committing murder of the deceased beyond reasonable doubt---Petition was converted into appeal and allowed, and petitioner was acquitted of the charge under section 302(b), P.P.C.

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